Recently, Diane Tran, an honor student at a Texas high school, was jailed for truancy aka missing school. The high school Junior who helps support two siblings, holds down a full time job, as well as a part time job, started missing classes a few months ago due to how heavy her plate was getting. Diane says that she was often “too tired” to go to school. Tran’s parents divorced and no longer live near her, and therefore she works hard to support herself while helping her siblings.
According to Texas law, if a student has ten or more unexcused absences within a six-month period, the school district may refer the student to a juvenile court. “In such cases, resolution of the issue is entirely in the hands of the court,” reads a statement on the website of the Willis Independent School District.
In April, Diane was warned to not miss anymore school days, and because she continued to do so, she was sentenced in open court to a night in jail and a fine of $100.
What makes this story different from others, is the fact that Tran is an extremely successful student who is enrolled in college credit courses. Besides maintaining her grades she works harder than any 17-year-old should to support her family.
When interviewed, Judge Moriarty (who passed the judgement) stated that
“If you let one run loose, what are you going to do with the rest of them? Let them go too? A stay in jail for one night is not a death sentence.”
Do you agree with the judgement, or do you think the judge should have been more lenient with Diane and not have had her arrested for missing school because of her current situation?
As a teacher, I appreciate that these laws are in place. Absences are detrimental to a child’s education, so these laws are meant to protect against that.
What I want to know is: where are the parents? Why should a child have to work so hard to support her family? Why weren’t they jailed instead? I wish someone would have intervened with this girl, to tell her to not try to take college classes if she has to work so hard.
I’ve never heard of anyone actually being prosecuted for truancy. In my district, we had a few students who were in the same position as this young woman (working, supporting families, taking care of younger siblings), and the school just kind of…looked the other way when it came to their absences. I mean, they were dropped from classes as appropriate, but for the most part, teachers, administrators, and guidance counselors came together to help these kids out to be successful in school. Also, she is a minor. I thought that parents were prosecuted in cases of minor’s truancy. Where are her parents?
I don’t think the judge really thought the punishment for this through. While I agree that one night in jail isn’t a death sentence it may do more harm to this girl then other truant kids. She is obviously working really hard to make a better life for herself while trying to help out her siblings and seems to be maintaining a very precarious balance (that isn’t really working out for her). I think fining her $100 and making her spend a night in jail isn’t going to help because she will overcompensate to get that “balance” back. I think some counseling and probation would’ve been a better/more helpful punishment.
I do agree with Kelli though, where are the parents??
On a nerd note, Judge Moriarty! (Sherlock)
Also, where are the parents in terms of first action steps? In my school district there is an auto-dialer program that calls your parents if you miss a class. Where I live, repeated absences would be handled first by talking to the student gently, then by arranging a meeting with the parents. It sounds like in this case, either of these steps would have revealed what issues were present and needed to be addressed. And while it would obviously be better if this girl didn’t have so many burdens, it seems like she is handling it and managing to learn even with the absences. I don’t think it’s a good idea in general to have a hard cutoff for judicial action (e.g. “three strikes” in some jurisdictions) but especially so for high school students! I just can’t see anything productive about this response, and I don’t think it would be all that effective for more “typical” truant students who are apathetic/lazy/have a less adaptive response to home difficulties.
Yes to all of the above. Yeah missing school is wrong, but I think a 17 year old working full time and supporting a family by herself is…for lack of a more eloquent phrase, MORE WRONG.
The punishment here should have been for the parents, and maybe the right course would be get some sort of agency involved to HELP the girl and her siblings attend school with a more workable, and less child-labor like solution.
As a lawyer, I can say that I probably would’ve been held in contempt of court here when I told the judge what I thought of his opinion.
This is a good kid who knows the value of hard work. Not a kid out running the streets, selling drugs or otherwise getting into trouble. Trust me, I’ve seen my fair share of those kids.
She doesn’t need a night in jail. She needs CPS to step in, so she’s not working like a dog to support her siblings. While I admire her determination to support them, that’s not her job. She’s a kid. A kid, it seems, with a very bright future ahead of her. She should be able to focus on that.
I’m with Rachel. Where ARE CPS? Although God knows that this is going to cause some serious outrage towards them for not stepping in.
I think chargers should be brought up on the MIA parents. It’s not fair to a 17 year old to handle two jobs to support her younger siblings!
Isn’t the whole point of having judges so they can consider the facts of the case before making a ruling? Otherwise, all our laws would have mandatory sentences. Everything isn’t black and white, our judges are supposed to help us out in that gray area. This is totally gray!
This judge has an axe to grind, or is up for re-election on a “hard on crime” ticket or something. He should be ashamed of himself.
Okay, so you’re allowed to drop out of school, but if you stay enrolled — in college courses, no less — you end up in jail??
Shame. Shame shame shame.
In regards to where are the parents…. after the divorce they have left the state and are living in Georgia.
Actually, the ruling is absolutely ridiculous, although the law itself is not. I also agree with Rachel that this girl is not truly the target of these type of laws. Is the truancy law, in spirit, about keeping kids in classroom seats or is it about diminishing the other behaviors a truant student might typically be involved in?
Also, a hundred dollar fine can be a huge setback to a low income family (e.g. a difference between paying rent or not). A night in jail can also be a detriment in the college acceptance process.
Finally,the reality is that in a number of districts around the country, both rural and urban, children have to take on responsibility for siblings that we might not wish for them to have to shoulder. Even when parents, or a parent, are in the home, oldest children often have to cook, provide childcare, maintain a clean home enviroment etc when parents are working two or three jobs. Unless schools are understanding and supportive around the fact that geography homework simply cannot be these students top priorites, they fail out of classes and the cycle of low education, and accompanying poverty, continues.
Some of you people are silly. This poor kid is abandoned by her family for whatever reason. she works and goes to school she is getting good grades. Sometimes its ok to use common sense instead of punishing someone because you can. I want to believe there is more to this than I am reading but after reading the comment there seem to be plenty of people who agree she should be jailed. What kind of idiot puts a kid in jail for missing class while getting A’s and working. She is working and doing her school work. I thought this was a free country or is every lost their way. I will bet not a single person on here held a full time and part time job while going to high school much less used the money to support their brother and sister. The judge is a idiot. does he really believe if he lets one kid go that means he must let them all go. sounds more like the Judge who beat his daughter for using the computer.
School is so stupid! Fuck school! What idiot jails a smart girl working FOR HER FAMILY! America’s education system is fuckin up kids learning and no wonder Europe is beating America so much in learning these days! America is like the 33rd in education! Hmmm, I wonder why? Oh maybe its cause all of these idiots! She worked her butt off for her family and THIS is what she gets! Fuck you school staff! School is labor!!!! Whoever invented it is a real dumbass!
Judge, you are out of your mind and stupid and you inventors of school are bitches. Noone cares what you think because school is shit. I hope that all schools get destroyed by lightning because of the Wrath of slavery aka school. School is slavery.
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